Chief Justice lashes out at granting of amnesties

The selection of members of the judiciary, the non-appearance of a law regulating the legal profession, bottlenecks in the Court of Appeal and a condemnation of the practice of granting of amnesties were among the issues raised as the Courts held the inaugural sitting in the court calendar, which begins every October.

Justice Minister Owen Bonnici was given much to ruminate on thanks to speeches by the President of the Chamber of Advocates and the Chief Justice, as they marked the start of the forensic year.

While both men had words of praise for new laws and Constitutional reforms introduced during the past year, both said there was still work to be done.

Chief Justice Silvio Camilleri lashed out at the granting of amnesties to those who break the law.

He emphasised the “serious consequences of a practice that developed over the years and that is creating a great sense of injustice amongst those who scrupulously observed the law.”

That practice gave the general public an impression that while it had been diligently observing the law, others were given preferential treatment. “This makes the justice system seem illegitimate as it no longer means that everybody is equal before the law.”

Although, he didn't directly refer to it, the general consensus amongst those present for his speech was that Camilleri's criticism was aimed at recent amnesties for breaches, of construction and planning laws in particular.

He slammed the “indiscriminate and generalised criticism from those from whom one expects better” found in the media.

It is good that court sentences are subjected to scrutiny, he said, but often these would be criticised by persons who are not well informed about the facts or the law.

“As I have always insisted, criticism is healthy, but must be correct and precise if it aspires to be constructive and instigate improvement.”

The situation is made more difficult for judges and magistrates who are unable to enter into a discussion with the public about the cases they hearing or sentences they had delivered.

Camilleri pointed out that “the number of judges and magistrates was less than the average in EU countries,” adding that the in spite of increased spending and resources allocated to the justice sector, it was clear that these will never be enough to keep abreast of the ever-growing needs, generated by new laws, increasing complexity and burden on judiciary.

He hailed the improvement in efficiency by both Civil and Criminal courts. For the first time in 16 years the number of pending civil cases was below 10,000, he announced.

The time has come to consider relocating the courts as before long "it will be impossible to house all the cases in Valletta," he warned.

"The space available for judiciary and public alike is getting smaller."

The youth court in St. Venera is afflicted by logistical problems, he added. Police in particular are required to split themselves between there and Valletta.

More lawyers moving away from court practice

Lawyer George Hyzler, president of the Chamber of Advocates praised both sides of the House on the progress made in the appointment of judicature and other legal amendments

Although a step in the right direction, Hyzler reminded that the method of appointment was still not that advocated by the Chamber, and still rested in the hands of the executive.

“Today we still have a system where the choice and nomination is essentially a political one. What has substantially changed is that the minister has the comfort of a no objection by this independent committee, but will not be bound to the list of candidates chosen by the committee.”

Hyzler argued that the committee’s role was not only to see if the candidate meets the requisites, but also to see that the candidate has the character traits needed to serve as an effective judge or magistrate.

He asked what was holding the government back from enacting a law regulating the legal profession, as the promised Lawyers' Act of 2016 had not materialised.

One of the more worrying problems highlighted by the lawyer was the absence of a register of persons holding a warrant to practise law.

“I cannot know how many lawyers are licensed to practise in Malta. This information doesn't exist. Mr. President, you cannot know if I who, am addressing you today, have the qualifications to do so. To find out if a person has a warrant, you have to leaf through all the government gazettes published over the years, or go to that person's offices and hope to spot a framed warrant hanging on the wall.”

Hyzler said it was ironic that the country had a list of all lawyers from 1666 up to the World War II but none of those who followed.

Hyzler complained of time-wasting in court, pushing lawyers against practicing in court and opting for more attractive and remunerative positions.

“We must stop this haemorrhage,” he said.

He lamented that nothing had been done to regulate the appointment of court experts. “I fear that the seriousness of this has not been appreciated,” he said, urging the ministry to make a list of experts in the various fields open to scrutiny. Having “experts in everything” is a contradiction in terms, he said.

“I appreciate the difficulty of finding persons willing but they should pass through the same selection process as judiciary.

Lawyers work under constant pressure and tension, yet Malta remains one of the countries with the least per capita spending on justice and the highest per capita number of lawyers.

He lauded the introduction of the two-thirds pension for judges, saying he hoped it would continue to attract the best candidates.

The Chamber of Advocates had come to accept the appointment of court attorneys, he said adding that “the general opinion is that the experiment is working.”

The Chamber's reservations about impartiality and the method of appointment of court attorneys remained, however. “Certainly, nominations should not be made on positions of trust. This goes contrary to every idea of justice.”

He suggested that the same committee that appoints the judiciary should make nominations for court attorneys, as opposed to the minister.